21 May 2010
Astrazeneca UK Ltd v Albemarle International Corporation and another [2010] EWHC 1028 (Comm), [2010] All ER (D) 117 (May)
Although it was ultimately always for a claimant to show that it had a proper case for service out, where that was disputed by a defendant on a specific ground such as the existence of a jurisdiction agreement which it was alleged obliged the claimant to bring the claim before the courts of another country, it was for the defendant to establish the agreement, its scope, applicability and validity rather than for the claimant to prove a negative. There was no difference of approach depending on whether the case concerned common law or statutory jurisdiction.
